Planning Commission Meeting

MINUTES PLANNING COMMISSION Tuesday, January 14, 2014 AFTERNOON & EVENING SESSION 4:00 pm – 5:30 pm 7:00 pm – 11:00 pm FEW MEMORIAL HALL OF RECORDS, COUNCIL CHAMBERS 580 PACIFIC STREET MONTEREY, CALIFORNIA Commissioners Present: Garden, Davis, Stocker, McCrone, Widmar, Osorio, Reed Commissioners Absent: None Staff Members Present: Principal Planner Kimberly Cole, Senior Associate Planner Christine Hopper, Recording Secretary Halabi CALL TO ORDER Chair McCrone called the meeting to order at 4:00 pm. CONSENT ITEMS Commissioner Widmar made a motion to approve the Consent Agenda. Commissioner Stocker seconded the motion. On a motion by Commissioner Stocker, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission approved the minutes on CONSENT. AYES: 6 COMMISSIONERS: Garden, Davis, Stocker, McCrone, Widmar, Osorio, NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 1 COMMISSIONERS: Reed RECUSED: 0 COMMISSIONERS: None Approval of Minutes 1. December 10, 2013 ACTION: Approved as submitted. Commissioner Davis recused himself from item #2. 2. Consider 2 Upper Ragsdale Drive; Extension Permit 13-506 for Applications 08-343 and 01-295 for a Planned Unit Development, Green Building Incentive, and Lot Line Adjustment; Applicant: Kim Challis (Community Hospital Properties); Owner: Community Hospital Properties; I-R-150-D-2 Zoning District; CEQA Initial Study with Mitigated Negative Declaration Previously Circulated and Certified  Planning Commission Minutes Tuesday, January 14, 2014 ACTION: Approved Extension Application 13-506 for Applications 08-343 and 01-295 for a Planned Unit Development, Green Building Incentive and Lot Line Adjustment for 2 Upper Ragsdale Drive with Findings and Conditions of Approval. Ms. Cole mentioned a letter she received from the Airport District. The Resolution includes a Condition of Approval that requires Airport Land Use Commission (ALUC) approval before the issuance of Building Permits. Commissioner Reed made a motion to approve item the item on the Consent Agenda. Commissioner Stocker seconded the motion. Commissioner Davis requested himself. On a motion by Commissioner Reed, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission adopted a Resolution Approving Extension Application 13-506 for Applications 08-343 and 01-295 for a Planned Unit Development, Green Building Incentive and Lot Line Adjustment for 2 Upper Ragsdale Drive with Findings and Conditions of Approval. AYES: 6 COMMISSIONERS: Garden, Stocker, McCrone, Widmar Osorio, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 1 COMMISSIONERS: Davis ***End of Consent Agenda*** PUBLIC COMMENTS None. 3. Consider 1430 Mark Thomas Drive (Hyatt Regency Monterey); Appeal 13-500 of Sign Permit Application 13-422 for Two Internally-Illuminated Pole Signs; Appellant: Steve McNally for Hyatt Regency Monterey; Owner: Steve McNally for Hyatt Regency Monterey and Cheryl Burrell for Pebble Beach Company; VAF Zoning District; Exempt from CEQA Requirements. ACTION: Adopted a Resolution granting Appeal 13-500 of Sign Permit Application 13-422 to allow one refaced internally-illuminated pole sign at 1430 Mark Thomas Drive and referring revised sign proposal for one pole sign and new monument sign to the Architectural Review Committee. Staff Presentation/Commissioner Questions Christine Hopper presented the Agenda Report and answered Commissioners’ questions. Planning Commission Meeting Minutes 2 Planning Commission Minutes Tuesday, January 14, 2014 Applicant Anthony Lombardo, representing the applicant, said the proposal entails changing the copy on the existing sign and qualifies as maintenance. He said the proposal moves closer to meeting the General Plan’s policies because the business is phasing removal of the signs. Mr. Lombardo said, in 2003, the Planning Commission unanimously adopted a sign copy change to the Hyatt with findings that the site had unique characteristics and the copy alteration was an improvement to the site. He also said the Sign Ordinance provides flexibility to approve signs outside the guidelines and requested the Commission approve the appeal. Commissioner Garden said after 2003 the City has made a significant effort to abate highway oriented signs. In response to Commissioner Garden’s question, Mr. Lombardo said the difficulty of access makes the site unique enough to warrant the proposed signage. In response to Commissioner Stocker’s question, Mr. Lombardo said the applicant would maintain the current signage if the appeal was denied. Public Comments Sam Teel, Chairman of Monterey County Hospitality Association, said this issue was considered by the association’s Government Affairs Committee. He said the proposal does not entail much alteration to the current signage and the change is necessary for identification of the hotel. Steve McNally, General Manager of the Hyatt, said the purpose of the sign copy alteration is to update the signage with the new corporate logo. Sergio Rangel, Local Hospitality Worker Union, said the proposed signs will help resolve visibility issues and result in increased revenue and benefits for workers. He requested the Commission approve the appeal. Janine Chicourrat, General Manager of Portola Hotel and Spa, said she does not generally favor highway oriented signs but given the site’s unique characteristics and visibility issues it is important to clearly designate the site with the corporate logo. Commissioner Comments Commissioner Osorio said the Planning Commission’s must review the appeal of the ARC’s action to deny the project due to inconsistency with the General Plan. He said the new proposal, which differs from what was considered by the ARC, is more in line with the policies of the General Plan. Commissioner Osorio also asked for clarification on procedure from staff. In response to Commissioner Osorio’s question, Ms. Hopper said the Planning Commission is considering the ARC denial of the replacement of the two pole signs. Ms. Hopper said the monument sign is a separate matter. Commissioner McCrone said a modification of logo or illumination can be interpreted as change. Commissioner Garden said he is not in favor of granting the appeal as it contradicts the City’s attempt to eliminate highway oriented signs and pole signs. Commissioner Garden made a motion to deny the appeal. Planning Commission Meeting Minutes 3  Planning Commission Minutes Tuesday, January 14, 2014 Commissioner Osorio seconded the motion and requested the motion maker agree to forward the monument sign proposal to the ARC for consideration of their new proposal. He said the replacement of one pole sign with a monument sign would more closely meet the policies of the General Plan. Commissioner Garden did not accept the amendment to the motion. Commissioner Osorio maintained his second. Commissioner Stocker said the newly submitted information more closely meets the policies of the General Plan by eliminating one of the pole signs. Commissioner Davis said the ARC did not err because they did not have a phasing plan to consider. He suggested the ARC consider the monument sign and the Planning Commission interpret the phasing out of the pole signs. On a motion by Commissioner Garden, seconded by Commissioner Osorio, and carried by the following vote, the Planning Commission moved to deny the appeal. AYES: 2 COMMISSIONERS: Garden, Osorio NOES: 5 COMMISSIONERS: Stocker, Davis, McCrone, Widmar, Reed ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None The motion failed. Commissioner Osorio asked if the ARC has the ability to determine if the proposed changes qualify as maintenance or change In response to Commissioner Osorio’s question, Commissioner McCrone said the ARC has the ability to determine Commissioner Stocker said the ARC did not err because they were not provided newly submitted information on alternatives (phasing). Commissioner Osorio said the applicant’s proposal qualifies as a change and the ARC does not have discretion to define change. Commissioner McCrone made a motion to take no action on the appeal at this time and refer the application back to the ARC with the direction that the ARC has discretion under section 31.7 A of the Sign Ordinance to consider the overall effect of an abatement plan for this project. There was no second. Commissioner Stocker made a motion to adopt a Resolution granting Appeal 13-500 of Sign Permit Application 13-422 to allow one refaced internally-illuminated pole sign at 1430 Mark Thomas Drive. Commissioner Davis seconded the motion. Commissioner Osorio said the motion needs to contain a Condition of Approval referring the revised sign proposal for one pole sign and new monument sign to the Architectural Review Committee. Planning Commission Meeting Minutes 4  Planning Commission Minutes Tuesday, January 14, 2014 The motion maker and the seconder agreed. Commissioner Garden said he will not support the appeal. On a motion by Commissioner Stocker, seconded by Commissioner Davis, and carried by the following vote, the Planning Commission adopted a Resolution granting Appeal 13-500 of Sign Permit Application 13-422 to allow one refaced internally-illuminated pole sign at 1430 Mark Thomas Drive and referring revised sign proposal for one pole sign and new monument sign to the Architectural Review Committee. AYES: 6 COMMISSIONERS: Stocker, Davis, McCrone, Widmar, Osorio, Reed NOES: 1 COMMISSIONERS: Garden ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None *RECESS* Commissioners Present: Garden, Davis, Stocker, McCrone, Widmar, Osorio, Reed Commissioners Absent: None Staff Members Present: Principal Planner Kimberly Cole, Principal Planner Elizabeth Caraker, Senior Associate Planner Christine Hopper, Recording Secretary Halabi EVENING SESSION Chair McCrone called the evening session to order at 7:00 pm. CONTINUED PUBLIC COMMENT None. 4. Consider 230 Lighthouse Avenue; Use Permits and Parking Adjustment 13-285 for Mixed Use; Density Above 30 Units/Acre; Coverage Above 50%; and for Building Height Above 25 Feet; Applicant/Owner: Carl Outzen; C-2 Zoning District; Infill Environmental Checklist - Finding of No Further Review for CEQA. ACTION: Continued to the January 28, 2014 meeting for noticing. Staff Presentation/Commissioner Questions Ms. Cole requested the item be continued to January 28, 2014 for noticing Commissioner Comments Commissioner Stocker made a motion to continue the item to the January 28, 2014 to notice. Commissioner McCrone seconded the motion. On a motion by Commissioner Stocker, seconded by Commissioner McCrone, and carried by the following vote, the Planning Commission continued the item to the January 28, 2014 meeting to Planning Commission Meeting Minutes 5  Planning Commission Minutes Tuesday, January 14, 2014 notice. AYES: 7 COMMISSIONERS: Garden, Stocker, Davis, McCrone, Widmar, Osorio, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 5. Consider 301-375 Alvarado (P-13-259), 426 Alvarado (P-13-263), 459 Alvarado (P-13-264) and 474 Alvarado (P-13-257) Outdoor Seating ACTION: Adopted a Resolution recommending the City Council approve outdoor seating at 301-375 Alvarado, 426 Alvarado, 459 Alvarado and 474 Alvarado. Staff Presentation/Commissioner Questions Kimberly Cole presented the Agenda Report and answered Commissioners’ questions. Applicant 301-375 Alvarado Peter Silva, Wald, Ruhnke and Dost Architects, said the project proposes removing one street tree and relocating one banner post to ensure a seven foot pedestrian walkway. He said the outdoor seating is a driving force for the economic viability of the 22 apartments proposed on the upper floors of the building. John Valanti, Principal on Paseo de Alvarado building, said the Planning Commission will review the plan in the near future and construction could begin as soon as March. 426 Alvarado John Hill, 426 Alvarado, said the outdoor seating materials would be removed at night and the intent of the outdoor space is to create an area contiguous to the interior of the building. Mr. Hill said he is willing to remove the awning from the design at the request of the Commission. He also said the business is scheduled to open in 120 days. 459 Alvarado Jerry Anderson, Saucito Land Company, said construction of the outdoor seating will occur alongside construction of the apartments to entice tenants. George Ash, architect, said they took the comments from the subcommittee meeting and made alterations to enhance the outdoor seating design. 474 Alvarado Rebecca Riddel said the planter boxes have been removed from the design to meet the seven foot clearance requested by the Downtown Subcommittee. In response to Commissioner Gardens question, Ms. Riddel said the structure will remain the same but nano walls will be placed facing the outdoor patio and the entrance otherwise will remain the same. Planning Commission Meeting Minutes 6  Planning Commission Minutes Tuesday, January 14, 2014 Public Comment: Daryl Kenyon, commercial property owner in Ryan Ranch, said outdoor seating will enhance overall economic development downtown and looks forward to seeing these proposals come to fruition. Commissioner Comments Commissioner Osorio said awnings are generic and take away from a street’s uniqueness. He said additional parking spaces should be considered and trees should be relocated rather than removed to enhance the pedestrian friendly nature of the area. In response to Commissioner Osorio’s comments, Commissioner Widmar said the City Forester plans to remove and replace many of the trees on Alvarado over a period of time. Commissioner Widmar said there is flexibility to allow for variety and creativity in design. Commissioner Stocker said umbrellas and awnings can be attractive additions. He said awnings also allow for heating mechanisms. Commissioner Garden said the Planning Commission should encourage staff to lessen their cautionary tone towards loss of parking and emphasize parking excess. Commissioner Stocker, Commissioner Widmar and Commissioner Reed concurred. Commissioner McCrone expressed concern with the visual impacts of heaters and suggested standards and a comprehensive code amendment be developed to ensure outdoor seating does not become chaotic and the areas have elements continuity. Commissioner Stocker made a motion to adopt a Resolution recommending the City Council approve outdoor seating at 301-375 Alvarado, 426 Alvarado, 459 Alvarado and 474 Alvarado. Commissioner Widmar seconded the motion. Commissioner Reed said guidelines for the outdoor seating areas need to be developed. On a motion by Commissioner Stocker, seconded by Commissioner Widmar, and carried by the following vote, the Planning Commission adopt a Resolution recommending the City Council approve outdoor seating at 301-375 Alvarado, 426 Alvarado, 459 Alvarado and 474 Alvarado. AYES: 7 COMMISSIONERS: Garden, Stocker, Davis, McCrone, Widmar, Osorio, Reed NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None 6. Consider 820 Casanova Avenue; Appeal 13-518 of AR Application 13-262 for a Perimeter Fence; Appellant/Applicant: Bill Phillips for Cypress Park Homeowners Association; R-3-20 Zoning District; Exempt from CEQA Requirements. ACTION: Adopted a Resolution approving Appeal P-13-518 of AR Application 13-262 and AR Resolution A13-067 in regards to a perimeter fence with amended Conditions of Approval. Planning Commission Meeting Minutes 7  Planning Commission Minutes Tuesday, January 14, 2014 Staff Presentation/Commissioner Questions Ms. Cole presented the Agenda Report and answered Commissioners’ questions. Applicant Bill Phillips, Managing Agent for the Cypress Park Home Owners Association, said the chain link fence was installed years ago as an extension from the adjacent park fence to allow for consistency in appearance and height. Mr. Phillips said setting the fence back would result in a safety hazard due to the steep drop off on the site. Public Comment Robert Ellie, resident of 342 Euclid Avenue, said creating a setback would not pose safety concerns because there is a gentle slope up to 6 feet from the sidewalk. He said the cyclone fence has attracted nuisances and expressed support for staff’s recommendation to paint the fence and requite it be setback from the sidewalk. Charles Brown, Home Owners Association 820 Casanova, said the ARC recommendation for picket fencing would be costly to the home owners. He said the cyclone fence is an extension of the park fence and was intended to keep trespassers out of the area. Mr. Brown said moving the fence could result in a potential liability to the Home Owners Association and requested the Planning Commission approve the compromise. Commissioner Comments Commissioner Stocker said he would prefer to see the fence setback and he supports the staff recommendation. Commissioner Davis suggested the applicant work with staff to find a setback that adequately addresses safety concerns. Commissioner Widmar concurred. Commissioner Widmar said painting the fence would also help minimize the visual impact. Commissioner Garden said he does not support the appeal because the ARC did not err in exercising discretion on design elements. He said he is reluctant to decide the material of the fence. Commissioner Osorio said there are no specific materials required for fencing. He said requiring planting inside the fence is the ideal solution. Commissioner McCrone concurred with Commissioner Widmar’s comments. He said it is difficult to uphold the ARC’s decision because the City has a chain link fence adjacent to the site. He said he would not like the fence to be me than a foot from the sidewalk due to the drop off. Commissioner McCrone made a motion to adopt a Resolution approving Appeal P-13-518 of AR Application 13-262 and AR Resolution A13-067 in regards to a perimeter fence with amended Conditions of Approval as follows: Special: 1. That the existing, 5 foot tall, chain-link fence located along a portion of Euclid Avenue shall be relocated from the back of sidewalk. The new chain-link fence should be a minimum of 3’ from the sidewalk with landscaping except where the adjacent slope drops away from the sidewalk equivalent to a residential curb or approximately 6”. Where the property slopes, the fence can be located closer than 3’ to the sidewalk. The applicant shall work with the Planning Office on the exact fence location dependent upon the location of Planning Commission Meeting Minutes 8  Planning Commission Minutes Tuesday, January 14, 2014 existing trees and landscaping intended to be retained, with final review of the specific location of the new fence to be reviewed and approved by staff prior to installation. Commissioner Stocker seconded the motion. On a motion by Commissioner McCrone, seconded by Commissioner Stocker, and carried by the following vote, the Planning Commission adopted a Resolution approving Appeal P-13-518 of AR Application 13-262 and AR Resolution A13-067 in regards to a perimeter fence with amended Conditions of Approval. AYES: 5 COMMISSIONERS: Stocker, Davis, McCrone, Widmar, , Reed NOES: 2 COMMISSIONERS: Garden Osorio ABSENT: 0 COMMISSIONERS: None ABSTAIN: 0 COMMISSIONERS: None RECUSED: 0 COMMISSIONERS: None COMMISSIONERS COMMENTS Commissioner McCrone requested the ARC findings for approval be placed in the staff report for appeal applications. Commissioner Garden requested the Planning Commission shift focus to the work study plan. INFORMATIONAL REPORTS & STAFF COMMENTS 4. Planning Office Update  Received update  Ms. Cole said City Council review of the North Fremont Specific Plan, originally scheduled for January 21, has been delayed at least one meeting and is tentatively set for the February 4, 2014 meeting. ADJOURNMENT The meeting adjourned at 9:08 pm. Respectfully Submitted, Approved, Kimberly Cole, AICP Chair Principal Planner Planning Commission Planning Commission Meeting Minutes 9